Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Rafael Pagan-Colon
1 Answer | Asked in Banking, Civil Litigation and Contracts for Puerto Rico on
Q: How can I close my dad’s bank account and used money to pay off his funeral expenses?

My dad passed away 2 years ago in TN but he had his bank account and house in PR. He has a bank account in PR which I was authorized to used and I had power of attorney from PR while he was alive. I paid for his funeral even though he has 7 children. After paying via loans my half siblings (4) do... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Oct 11, 2021

First off, you would need your dad's death certificate. If he granted his last will & testament, a certified copy of the will must also be provided. In the absence of a will, a petition should be filed with the Puerto Rico courts (depending on the city where the house is located) to... Read more »

1 Answer | Asked in Estate Planning and Probate for Puerto Rico on
Q: My niece & nephew are now entitle to their mom share of house in PR bc she passed

They were born in New york & refuse to give original birth certificate. Can i obtain their birth certificate & how?. I want to buy home belonging to my parents

their grsnd parents . I can get their mother. My sister bc she was born in PR but not sure about her children.

Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Oct 9, 2021

Having been born in NY myself, I can state that, the only ways to procure an original birth certificates for someone born there are (a) through the person him/herself, (b) through a parent, or (c) through a third party authorized by the person. I would advise that you contact an attorney who... Read more »

1 Answer | Asked in Real Estate Law, Arbitration / Mediation Law and Probate for Puerto Rico on
Q: If childfren of deceased sibling refuse to sign house in PR to sibling willing to buy can somehing be done?

We are 13 siblings & my sister passed. her children for no reason wont provide death and birth certificate. What can be done as i dont have all info about her death(died in PA) & original is needed for pr court to complete doc for new heirs being her children.

Also, if 10 siblings... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Oct 7, 2021

To whom did the house in Puerto Rico belong? If the house is part of your parents' estate, the answer to both questions is the same. Under the Puerto Rico Civil Code, no co-owner of an estate community can be forced to remain in said community. If a unanimous consent of heirs cannot be reached... Read more »

1 Answer | Asked in Family Law and Real Estate Law for Puerto Rico on
Q: Good Morning! This question is concerning property in Puerto Rico. My father past away and stepmom lives in the house.

The land was transfered under my name and the small two bedroom home is divded in between stepmom and myself since im the only child. It has been 7 years my father has passed. Do i lose my privillages since i have not done anything with the property in Puerto Rico. My stepmom is stating that she is... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Oct 5, 2021

First off, my condolences on your loss. Second, I’d need to know whether your father granted his Last Will & Testament before his passing. Assuming that he left his Will, we’d need to determine whether he left your stepmom the right to inhabit the house for life. Even under those... Read more »

1 Answer | Asked in Child Custody for Puerto Rico on
Q: I am married but my last two children are not my husband's. How can I end his parental rights.

How can I prove he is not the father and end his parental rights

Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Oct 1, 2021

The Puerto Rico Civil Code establishes a presumption that children begotten within a marriage are the offspring of both spouses. A simple paternity test can determine whether of not your husband is the biological father.

Ending your spouse's paternity rights, however, is another...
Read more »

1 Answer | Asked in Contracts and Landlord - Tenant for Puerto Rico on
Q: My contract is for a year, I'm in month 7 and he wants to raise the rent. Can he legally do that?
Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Sep 30, 2021

The answer your question may be available within the very contract that you signed.

Under normal circumstances, the monthly rent is fixed during the lease term (of one year). Under normal circumstances, any change to the contract during its term may only be valid with prior written consent...
Read more »

1 Answer | Asked in Intellectual Property, Probate and Social Security for Puerto Rico on
Q: My father past away. No will. 3 heirs.I lived with dad past 13 yrs and I'm on dialysis. Estate in PR.What are my right.

I don't want to sell but my heirs do. My brother owes $40,000 in child support reason for his need to sell my sister really don't care about the house. Plus I'm in process of getting 75% of dad's social security benefits I'm on dialysis for life and I'm in peace living... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Sep 30, 2021

First off, I'm assuming that your father passed away in Puerto Rico. Although you state that he did not grant a Last Will and Testament, this fact should be confirmed through the Office of Notary Inspections ("ODIN", by its Spanish acronym). We must also verify that a Declaration of... Read more »

1 Answer | Asked in Family Law, Health Care Law and Public Benefits for Puerto Rico on
Q: my grandmother is elderly she's in a wheel chair barely moves do to her conditions and weight.my grandfather was her

caretaker. He just passed now my uncle has her but is not taking care of her properly. What can I do? I am located in CT and she is located in PR

Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Sep 29, 2021

As part of the process to legally incapacitate an elderly citizen who can no longer care for him/herself, the Puerto Rico Civil Code requires that the candidate guardian reside in Puerto Rico. During the court process, any and all close relatives who can be considered for the guardianship must... Read more »

1 Answer | Asked in Adoption, Child Custody and Family Law for Puerto Rico on
Q: My sister passed away in Puerto Rico. I want to assume custody of my youngest nephew. His Dad has is not part of his lif

How can I get custody and how long does it take? My wife and I can take great care of him but we need to get back to FL in aprox 10 days.

Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Sep 22, 2021

Good afternoon. As a general rule, Puerto Rico courts procure that guardians of orphaned minors reside within the jurisdiction of the Commonwealth of Puerto Rico; unless no other alternative guardians are available to care for the minor. A custody case requires that close kin be present at the... Read more »

2 Answers | Asked in Real Estate Law for Puerto Rico on
Q: Buenas tardes, necesito saber quien puede hacer un plano de mensura y cual es el costo promedio de esta diligence en PR.

Good afternoon, I would like information on who to contract an engineer to do a land Survey in PR.

Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Sep 22, 2021

Buenas tardes. Mi oficina utiliza los servicios del ingeniero Iván Robles Ramos cuando necesitamos planos y certificaciones de mensura. Su teléfono es el (787) 860-6865.

View More Answers

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Puerto Rico on
Q: I bought some land in Penulas and there are 2 houses that were built illegally on the property prior to my purchase.

After the purchase, the property lines revealed that these homes were in fact on my property. What can I do to remove them, what rights do I have, and what are their rights?

Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Sep 14, 2021

The rule of law in Puerto Rico grants you a full year after your purchase of the real estate property, to request the courts to evict the people who have invaded your property. Also, the seller may be responsible for clearing the property out before the sale. You may need to bring him/her/they into... Read more »

1 Answer | Asked in Estate Planning, Tax Law and Probate for Puerto Rico on
Q: mom died in PR now my brother is ordering me to give him my inheritance portion prior to distribution w/o documentation

I am being ordered to fly from California to NY to sign documents and turn over my portion of the inheritance to him/them. I have asked for documentation repeatedly and he refuses to give me anything not even verbal information about the matter and now he is threatening to abandoned my father, not... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Sep 6, 2021

First off, blackmailing you into resigning your inheritance is illegal. If your siblings have denied you access to documentation pertaining to your mother's estate (assuming that she died in Puerto Rico), you have the right to request said documents through the Puerto Rico Courts, by way if an... Read more »

1 Answer | Asked in Elder Law, Estate Planning, Family Law and Health Care Law for Puerto Rico on
Q: Im currently taking care of my Grandmother 95 and her brother 91. How do I go about becoming their legal guardian in pr

To be able to deal with their insurance, bills and bank I have been asked several times if I have any documents that deemed me responsible legally for them. I'm not sure what the process is to do so and the responsibilities that come with the title of legal guardian.

Rafael  Pagan-Colon
Rafael Pagan-Colon answered on Sep 2, 2021

The Puerto Rico Civil Codes has a presumption that every adult is legally capable of managing his/her own affairs. Thus, getting to be designated as a tutor before Puerto Rico courts entails legally incapacitating your grandmother and grand-uncle. Doing so must be achieved in separate cases.... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.